ACIT Non Corporate Circle 20(1), CHENNAI V. Rajkumar Sethupathy, CHENNAI

ITA 1408/CHNY/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0885 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 18-03-2021
• Assessment Year: 2013-2014
• Appeal Filed On: 26-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R ANITA
• Assessee Lawyers: ARJUN RAJ C A MR S SRIDHAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , D B ENCH, CHENNAI . , . , % BEFORE SHRI V.DURGA RAO , JUDICIAL MEMBER AND SHRI G.MANJUNATHA, ACCOUNTANT MEMBER ./ I.T.A.NO.1408/CHNY/2018 ( / ASSESSMENT YEAR: 2013-14) THE ASSISTANT COMMISSIONER OF INCOME TAX, NON-CORPORATE CIRCLE-20(1) CHENNAI . VS MR.RAJKUMAR SETHUPATHY 27, IV MAIN ROAD, RAJA ANNAMALAIPURAM, CHENNAI - 600 028. PAN:AAHPR 0076Q ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MS. R.ANITA , JCIT /RESPONDENT BY : MR.ARJUN RAJ, CA FOR MR.S.SRIDHAR,ADVOCATE ! /DATE OF HEARING : 17.06.2021 ! /DATE OF PRONOUNCEMENT : 14.07.2021 / O R D E R PER G.MANJUNATHA, AM: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER PASSED BY THE LEARNED CIT(A)-14, CHENNAI DATE D 30.10.2017 AND PERTAINS TO ASSESSMENT 2013-14. 2. WE HAVE HEARD THE LEARNED DR AND LEARNED COUNSEL FOR THE ASSESSEE AND ALSO PERUSED THE MATERIALS AVAILA BLE ON RECORD. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE HAS FILED A LETTER ALONG WITH FORM NO.3 ISSUED BY T HE DEPARTMENT UNDER VIVAD SE VISHWAS SCHEME, 2020 AN D SUBMITTED THAT THE ASSESSEE HAS AVAILED THE VSVS SC HEME TO SETTLE ITS PENDING DISPUTES. THE LD.COUNSEL FOR TH E ASSESSEE FURTHER SUBMITTED THAT THE DEPARTMENT HAS ACCEPTED APPLICATION 2 ITA NO. 1408/CHNY/2018 FILED BY THE ASSESSEE AND ISSUED FORM 3 QUANTIFYING AMOUNT OF TAXES PAYABLE UNDER VSVS SCHEME. THEREFORE, THE LD . COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE APPEAL FILED BY THE REVENUE MAY BE DISMISSED AS WITHDRAWN. THE LD. DR, ON THE OTHER HAND, HAS NO OBJECTION FOR DISMISSING THE APPEAL AS THE DESIGNATED AUTHORITY HAS ISSUED FORM 3. THEREFORE, CONSIDERING THE FACT THAT THE ASSESSEE HAS FILED AP PLICATION FOR WITHDRAWAL OF APPEAL AND HAS ALSO FILED FORM 3 ISSU ED BY THE DEPARTMENT, WE DISMISS THE APPEAL FILED BY THE REVE NUE AS WITHDRAWN. HOWEVER, A LIBERTY IS GIVEN TO THE ASSE SSEE TO RESTORE THE APPEAL, IN CASE THE APPLICATION FILED B Y THE ASSESSEE BEFORE THE DESIGNATED AUTHORITY, IS REJECTED FOR AN Y REASON. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 14 TH JULY, 2021 SD/- SD/- ( . ) ( . ) (V.DURGA RAO) ( G.MANJUNATHA ) % ' / JUDICIAL MEMBER ' / ACCOUNTANT MEMBER % /CHENNAI, * /DATED 14 TH JULY, 2021 DS ,- .- /COPY TO: 1. APPELLANT 2. RESPONDENT 3. / () /CIT(A) 4. / /CIT 5. - 3 /DR 6. /GF .